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4 Apr 2012, 9:22 pm
Madison is the law, your honor, but it would not make sense in this circumstance to strike down this statute, because there's no... [read post]
4 Apr 2012, 1:20 pm by Todd Ruger
Judge Jerry Smith’s assignment: It must be no less than three pages, single-spaced, and must address Obama’s statements specifically. [read post]
4 Apr 2012, 10:56 am by Jeff Gamso
  Nothing to blog about there.Except then the Judge Jerry Smith spoke up.Smith sits on the 5th Circuit Court of Appeals, and was part of a panel yesterday hearing another of the numerous cases challenging the ACA, Physicians Hospital of America v. [read post]
4 Apr 2012, 8:42 am by Lyle Denniston
The order refers only to oral comments made at a Tuesday hearing by Circuit Judge Jerry E. [read post]
4 Apr 2012, 7:34 am by Robin Effron
"  Like Howard, I believe that the ACA is constitutional, but that the Supreme Court has the power to strike down unconstitutional laws. [read post]
3 Apr 2012, 7:06 pm by Thom Lambert
  This morning, the judge for whom I clerked, Judge Jerry E. [read post]
3 Apr 2012, 3:55 pm by Joe Palazzolo
” 2) Obama on Tuesday clarifies that he meant to say that the Supreme Court hadn’t struck down a law that “was passed by Congress on a economic issue, like health care, that I think most people would clearly consider commerce” since the Lochner era, which ended about 80 years ago. 3) Meanwhile, Judge Jerry Smith of the U.S. [read post]
3 Apr 2012, 2:48 pm
Appeals Court Judge Jerry Smith immediately interrupted, asking if DOJ agreed that the judiciary could strike down an unconstitutional law. [read post]
3 Apr 2012, 2:30 pm by Eugene Volokh
[Jerry Smith, one of the judges hearing the case said at oral argument] that comments from the president and others in the Executive Branch indicate they believe judges don’t have the power to review laws and strike those that are unconstitutional, specifically referencing Mr. [read post]
3 Apr 2012, 2:20 pm by Orin Kerr
Appeals Court Judge Jerry Smith immediately interrupted, asking if DOJ agreed that the judiciary could strike down an unconstitutional law. [read post]
3 Apr 2012, 2:01 pm by Gerard N. Magliocca
Appeals Court Judge Jerry Smith immediately interrupted, asking if DOJ agreed that the judiciary could strike down an unconstitutional law.The DOJ lawyer, Dana Lydia Kaersvang, answered yes -- and mentioned Marbury v. [read post]
2 Apr 2012, 9:19 am by Gritsforbreakfast
The public just isn't buying that common argument anymore, according to these data.Reports like these give me hope that Texas may continue down a reformist path despite considerable political uncertainty. [read post]
2 Apr 2012, 7:52 am by Gritsforbreakfast
On Corrections, Jerry Madden earned a national reputation as a co-author with Sen. [read post]
1 Apr 2012, 5:40 am by Gritsforbreakfast
" Spurgin is not alone.In fact, research by the Austin American-Statesman shows, the situation is increasingly common in Texas and across the country because of declining crime rates, government budget cuts and increased use of treatment programs that have deflated a 20-year boom in building jails and prisons.Although having fewer people locked up should be good news for Texas taxpayers, as the associated costs of Lone Star justice go down, the trend is drawing few cheers in… [read post]
30 Mar 2012, 8:00 am by Jim Harper
., Jerry Taylor, Gene Healy, Jason Kuznicki, Julian Sanchez, Jonathan Blanks, Justin Logan, Trevor Burris, Michael Cannon). [read post]
30 Mar 2012, 7:02 am by Max Kennerly, Esq.
Outside of a handful of prominent examples — like Bernie Madoff and Jeffrey Skilling — financial institution fraud prosecutions have fallen over the past 20 years, down to under 1,400 a year across the entire country. [read post]
28 Mar 2012, 8:44 am by Sean Minahan
Jerry Eatman, as quoted by Craig Jarvis at NewsObserver.com The case is important nationally, as livestock producers and environmentalist will be looking to see whether the Rose Acre case allows Clean Water Act regulations on pollutants going up before they come down. [read post]